This case has been cited 2 times or more.
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2015-09-23 |
JARDELEZA, J. |
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| As regards jurisdiction over the parties, we agree with the Court of Appeals that the Labor Arbiter acquired jurisdiction over the person of Basso, notwithstanding his citizenship, when he filed his complaint against CMI. On the other hand, jurisdiction over the person of CMI was acquired through the coercive process of service of summons. We note that CMI never denied that it was served with summons. CMI has, in fact, voluntarily appeared and participated in the proceedings before the courts. Though a foreign corporation, CMI is licensed to do business in the Philippines and has a local business address here. The purpose of the law in requiring that foreign corporations doing business in the country be licensed to do so, is to subject the foreign corporations to the jurisdiction of our courts.[44] | |||||
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2006-09-15 |
YNARES-SANTIAGO, J. |
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| It should be emphasized that the service of summons is not only required to give the court jurisdiction over the person of the defendant, but also to afford the latter an opportunity to be heard on the claim made against him. Thus, compliance with the rules regarding the service of summons is as much an issue of due process as of jurisdiction.[22] In Avon Insurance PLC v. Court of Appeals,[23] we held:Fundamentally, the service of summons is intended to give official notice to the defendant or respondent that an action has been commenced against it. The defendant or respondent is thus put on guard as to the demands of the plaintiff as stated in the complaint. The service of summons upon the defendant becomes an important element in the operation of a court's jurisdiction upon a party to a suit, as service of summons upon the defendant is the means by which the court acquires jurisdiction over his person. Without service of summons, or when summons are improperly made, both the trial and the judgment, being in violation of due process, are null and void, unless the defendant waives the service of summons by voluntarily appearing and answering the suit. | |||||